ACCIDENT RESPONSE
What should you do if state agency people orproperty are involved in an accident? It might be a trip and fallnear your front door, a car accident, a visitor's suddencollapse.
At that moment, at the scene you cannot be surewho, if anyone is at fault or who may file a claim. What, then,is the RIGHT thing to do? What does the law say you should do?Will your agency back you up? Will you make things better orworse?
WHAT TO DO FIRST
Mitigate: The first thing to dois protect yourself from injury so you can help others. Nextprotect others from further injury. Do only what you know how todo. Get help! Provide first aid if you are qualified. Defer tosomeone with better qualifications, including public safetyofficials.
If an injured person is conscious, ask if he orshe needs an ambulance, if anyone is, or may be, seriouslyinjured or is unconscious, call 911.
Prevent: Take steps to preventmore loss. Protect the scene appropriately with barriers, guards,flares, etc. If what caused the incident should be repaired ortaken out of use until repaired, see it done. Assure that anyphysical evidence is preserved. Again, defer to facilitiesmanagers or other specialists at the scene.
Investigate the scene: Get thebasic facts. Write down names, addresses, and day and night phonenumbers of the parties involved and any witnesses. Make briefnotes of what people say and do at the scene. Take pictures ifpractical.
Your gathering facts and evidence will helpeveryone. They will help us know what to do if a claim is madeagainst you or the state. They will help us decide the state'sliability and resolve the case quickly and fairly
Follow up: File a report with usas soon as possible, even if you think a claim may not be made.Send us our RMI Auto/General Liability Claims Report. Include anypictures, notes or evidence. Include any reports, like Departmentof Motor Vehicles' accident and insurance report. Do not delayreporting. If an injured party has to be removed from the sceneby ambulance or a vehicle has to be towed away fax a report to usat (304) 766-2653 within 24 hours.
Be yourself: If you would like todo so call the injured party or his or her family later to seehow he or she is doing. Human concern is not against the rules.
WHAT NEVER TO DO:
Admissions: Do not admit fault orliability. That is our job. Fault or liability is only determinedafter an investigation of the facts and laws. Of course,helping and saying, "I'm sorry this happened,"is not admitting fault. It is just showing concern.
False assurances: Do not saythings to reassure that you do not know or control; things like:"The state will pay the bills," or "Don'tworry, we will take care of it." Do not make promises orgive assurances that you cannot keep.
Delay: Don't let anyone delayyour prompt report to us of a possible claim. Missingdocumentation or reports can be supplied later. If our reportform is not handy, you can start things just by giving us a callor fax.
If your agency requires its own reportingprocedure, just tell us a more detailed, "official"report will also be coming. You can be left personally liable ifyour failure to report impairs the state's ability to defend you.
Statements: Know to whom you aretalking. Do not give statements or opinions to unknowninvestigators. Talk to us, to our agent, to the state attorneys.
In brief: Don't volunteer for anaccident. But if it happens, take the right steps to lessen theharm for everyone involved.
